Fleeman

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JUSTIN FLEEMAN, ) Case No.: 1:20-cv-0321 NONE JLT ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS TO ) GRANT DEFENDANT’S MOTION TO DISMISS v. ) ) (Doc. 11) COUNTY OF KERN, et al., ) ) Defendants. ) )

Justin Fleeman is a former Chief Deputy with the Kern County Sheriff’s Department and was a candidate for sheriff in the 2018 election. Following Plaintiff’s defeat by the incumbent, Plaintiff was the subject of an internal affairs investigation for disclosures made during his campaign, and his employment was terminated. Plaintiff seeks to hold the defendants liable for violation of his civil rights under the First Amendment, retaliation for engaging in political activity, whistleblower retaliation, wrongful discharge, and a violation of PAGA. (See generally Doc. 1) The County seeks dismissal of several causes of action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The County asserts Plaintiff is unable…